Patna High CourtCR. MISC./41239/2016rejected

Shams Rabbani v. The State Of Bihar

2016-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41239 of 2016 Arising Out of PS.Case No. -235 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Shams Rabbani Son of Daud Alam Resident of Village Rahitola Sisauna, P.S. Jokihat, Dist. Araria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shivanand Singh, Advocate. For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2016 Heard both sides.

The petitioner apprehends his arrest in Jokihat P.S. Case No. 235/2016 registered under Section 307 and other sections of the Indian Penal Code.

The informant alleged that while he along with Circle Officer and Block Development Officer were supervising the works of distribution of flood relief, the informant got information that many persons have blocked the National Highway. The petitioner was leading the mob. The mob was making allegation that due to negligence of the doctor the patient died. The mob ransacked the Police Station and also damaged the police vehicle. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. The only allegation against the petitioner is that he was leading the mob.

Patna High Court Cr.Misc. No.41239 of 2016 (2) dt.17-10-2016 2/2 It appears that nowadays such occurrence is very common that if any person dies in hospital during the course of treatment, the attendants of the patient make hue and cry that the patient died due to negligence of the doctor. The petitioner is alleged to have been leading the mob which ransacked the hospital and also damaged the police vehicles.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Jokihat P.S. Case No. 235 of 2016. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T